Good Law | Bad Law

Thank you for everything! We’ll see you in August!

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and journalist, Jamie Ducharme, of TIME, to discuss JUUL, her new book, Big Vape: The Incendiary Rise of Juul, and what the future may look like for e-cigarettes in general.   In today’s conversation, Aaron and Jamie delve into “the JUUL” story touching on the dubious decisions the company made as far as marketing to how JUUL Labs mismanaged its response to resale issues and the “dealing JUUL” phenomenon. Jamie explains her interpretation of the research that she’s found as far as less dangerous alternatives to traditional combustible cigarettes as she and Aaron examine JUUL in the larger context of the public health crisis. Is history repeating itself? How does JUUL compare to “Big Tobacco?” Today, Jamie and Aaron discuss responsible marketing, the FDA and regulation, safer alternatives, the vaping world, and more.     Originally from New Hampshire, Jamie is now based in Brooklyn. She

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Kellen R. Funk, of Columbia Law School, for our second episode on bail and bail reform. Today’s conversation is part two of last week’s topic and follows up on some of the same ideas; Aaron and Dr. Funk discuss the bail system, what bail is and what it means for our society, as well as how the issues of bail relate to the broader problems of our criminal justice system as a whole. In today’s episode, Dr. Funk and Aaron address what it is that people need to understand about bail, touching on the topics of pre-trial detention and custody, civil justice, safety, bail and affordability, American history, the role of Judges and more. Dr. Funk explains the systemic implications bail bond decisions can have on communities as well as the importance of understanding what he refers to as the “lived reality” of many. Aaron and Professor Funk also talk about presumption of innocence, safety and ri

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Ken W. Good, to discuss bail bond, the notion of bail bond reform, and the wide-ranging implications bail decisions can have on the broader criminal justice system.   Today, Aaron and Ken have a conversation about the state of bail in America, the impact the bail industry has, and continues to have, on society, and what exactly the point of bail is. Today’s episode is the first part of our series on bail and bail reform and today’s discussion is at times tense as Ken and Aaron touch on the topics of race, jail populations and overcrowding, urban environments and the irrefutable failings (past and present) of our country.     Mr. Good graduated from Hardin Simmons University and received his Masters in Education from Tarleton State University; he received his law degree from Texas Tech School of Law and was a member of the Texas Tech Law Review. Mr. Good has argued cases before the Su

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and Vox correspondent, Ian Millhiser, to discuss the Supreme Court, Congress, politics and policy, as well as Ian’s new book, The Agenda: How a Republican Supreme Court is Reshaping America.     What will a conservative Supreme Court do with its power? In today’s conversation, as well as in his book, Ian explains how from 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation but in the same time span, the Supreme Court dismantled much of America’s campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Cart Act’s Medicaid expansion, weakened laws protecting against age discrimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. Ian argues that this powerful unelected body, now controlled by six very co

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and award-winning blogger, Amy B. Chesler, to discuss her new book, Working for Justice: One Family's Tale of Murder, Betrayal, and Healing. Throughout today’s conversation, Amy shares her deeply personal story of grief and reflection; Aaron and Amy talk about her family’s dark past, the tragic murder of her mother, and what it is she wants others to know.   In 2007, Amy’s beloved mother, Hadas Winnick, was murdered at the hands of her own brother. With this unbelievable loss, Amy was thrust into a chaotic, painful, and harrowing search for justice. Today, Aaron and Amy contemplate what justice really is and whether or not it will ever truly be achieved. Amy and Aaron talk about the importance of warning signs, grit, communication, and sharing perspectives as Amy explains her reasons for writing this book and why she believes that there is value in everyone’s story.   Amy is a writer an

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by law professor, Patricia A. Cain, of Santa Clara University School of Law, to discuss sex discrimination, glass-ceilings, and the incredible women law professors who broke down barriers throughout history; Professor Cain is the editor of the newly released book, Paving the Way: The First American Women Law Professors, a book that follows the first wave of trailblazing female law professors and the stage they set for American democracy. The late Herma Hill Kay, of Berkeley, is the author of the book while the late Justice Ruth Bader Ginsburg wrote the foreword.   In today’s episode, Aaron and Pat delve into this special project, one that Justice Ginsburg advocated for tirelessly and admired publicly in the years before her death. Herma Hill Kay, former Dean of UC Berkeley School of Law and Ginsburg’s close professional colleague, wrote Paving the Way to tell the stories of the first fourteen femal

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and professor, Mark Robert Rank, of Washington University in St. Louis, to discuss poverty, the myths surrounding economic inequality and myth perpetuation, the notion of hard work, and effective approaches to “fixing” our poverty problem. Aaron and Mark also discuss Professor Rank’s newest co-authored book on the topic, Poorly Understood: What America Gets Wrong About Poverty.   Why does poverty exist in the United States? Mark and Aaron delve into this question and others as they try to tackle the myths, rhetoric and complexities of poverty in the United States. Touching on demography, stereotypes, infrastructure, jobs, Presidential administrations, and more, Aaron and Mark break down what it is that people need to know about poverty in the U.S., what the solutions might be, and what the cost, reach, and impact of poverty is on all of us. What are the myths of poverty? Who benefits from

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by bestselling author, Emanuel (Manu) Rosen, to discuss his new book, If Anyone Calls, Tell Them I Died: A Memoir.   The Holocaust and its aftermath were not often discussed in families of second-generation survivors; in Tel Aviv in the 1960s, Emanuel Rosen grew up hearing the keys of his mother’s typewriter but had no idea about the battle she was fighting. In his latest book, If Anyone Calls, Tell Them I Died, Emanuel tells the story of his mother’s struggle but it’s a story that spans three generations. Emanuel tells the true story of grandparents, daughter, and grandson, and today, shares details of his family’s life journey with Aaron, a story filled with loss, guilt, lengthy court proceedings, secret letters, and love, while explaining the broader contexts of his book and how this incredible story is one that should serve as a stark reminder.   Emanuel is a bestselling author whose books ha

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and journalist, Jim Tracy, to discuss his brand-new book, Sworn to Silence: The Truth Behind Robert Garrow and the Missing Bodies' Case, and the impact the Robert Garrow case has had on the legal field, law school curriculums, and the notion of attorney-client privilege.   In our first ever true-crime episode, Aaron speaks to Jim Tracy, a veteran reporter and published author, to discuss his new book about infamous serial-killer, Robert Garrow. Jim has a personal connection to the Garrow case and explores this and more throughout today’s episode.   Robert Garrow was an American serial rapist and later spree killer who was active in New York during the 1970s. In today’s episode, Jim explains the twists and turns of the Garrow story that began when Robert Garrow went on an 18-day killing spree, stabbing four people to death before being apprehended – Garrow went on his spree after committ

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by returning guest and friend of the podcast, professor Stephen Vladeck, of the University of Texas at Austin, School of Law, to discuss the U.S. Supreme Court and the notion of its secretive “shadow docket.”   In today’s episode, Stephen returns to our show to discuss an obscure legal procedure known as, the “shadow docket.” Throughout today’s conversation, Aaron and Stephen explore just what exactly this is, what it means for the country, how it impacts democracy, and how it is being used. Cases on this docket can effectively be decided quickly and quietly – sometimes even without knowing all of the evidence; they can be resolved even when lower cases are still processing them and without providing explanations and/or signed opinions. Stephen and Aaron address the dangers that this type of power can have and whether or not there are any checks and balances in place in our system to keep these pow

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by law professor, Amanda Frost, of the Washington College of Law at American University, to discuss the rights of citizenship, citizenship stripping and denaturalization, sexism and xenophobia, as well as Professor Frost’s new book, You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers. What is citizenship? Who is a citizen? And furthermore, who decides the answers to these questions?   In today’s conversation, Aaron and Amanda have an incredibly relevant conversation about citizenship in the United States. Citizenship is invaluable and yet, as Amanda explains, it is always at risk. In her new book, Amanda explores the history of citizenship and citizenship stripping over the last two centuries – she explains that the U.S. government has used revoking citizenship (even from those born on American soil) as a tool to cast out its unwanted, suppress dissent, and deny civil rights

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Cristina Rodríguez, of Yale Law School, to discuss immigration law, President Joe Biden, executive power and what the future of immigration could look like.   Who controls American immigration policy? In today’s episode, Aaron and Cristina discuss this question and more, as well as Cristina’s new co-authored book on the topic, The President and Immigration Law. The biggest immigration controversies of the last decade have all involved policies produced by the President – policies such as President Obama’s decision to protect Dreamers from deportation and President Trump’s proclamation banning immigrants from several majority-Muslim nations. Cristina and Aaron talk about this idea of executive decision-making and how it has shaped our immigration system. Aaron and Cristina touch on the notions of power, status, oversight, voter suppression, and resentment as they explore the ins and out

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by former bankruptcy Judge and current Northwestern law professor, Bruce A. Markell, to discuss the recent NRA bankruptcy filings and just how extraordinary this story is, as well as bankruptcy law and the bankruptcy system in general.   In today’s conversation, Aaron and Judge (Bruce) Markell breakdown the evolving story on the NRA’s (the National Rifle Association) recent bankruptcy filings and why this story is so exceptional. Judge Markell offers his opinion and explains what, why, and how things may play out for the NRA. Professor Markell and Aaron discuss senior and junior claims, the bankruptcy mechanism, assuming liabilities, shady corporations and business practices, for profit business requirements vs. non-profit requirements, and more. Is the NRA running away from NY? Why? And what will happen next? Aaron and Judge Markell explore these questions and others as they touch on the notions o

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Houston attorney, Malcolm E. Whittaker, and Stanford Anthropology Professor, Tanya M. Luhrmann to discuss religious belief systems, human judgment and evaluation, communicating with God, and how all of these notions relate to the criminal trial of the United States v. Brown and one juror’s early dismissal. What does it mean to pray to God in the context of jury deliberations? What does it mean in general to “have a conversation with God”?   In today’s episode, Aaron, Malcolm, and Tanya have a nuanced and highly complex theoretical discussion about the challenges and questions that arose recently in a criminal trial in which a judge dismissed a juror after he was overheard saying that he is communicating with “a higher power.” In the case of United States v. Brown, juror 13 was excused after the judge believed he was not deliberating. Was the judge wrong? Tanya and Malcolm explain why they believ

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by New York attorney Michael Kaplen, to discuss brain injuries, nursing home negligence, and what it is loved ones need to know.   Nursing homes can be dangerous places, more than ever during this time of pandemic. In today’s conversation, Aaron and Michael discuss common issues that arise in nursing homes, including specific  nursing-home injuries to be on the lookout for, standards and accountability, and what ifamilies can do to protect their loved ones. Michael and Aaron discuss the importance of advocating for nursing home residents and monitoring tips, “never events” and proper care. How has Covid affected nursing homes? How can family members navigate the new challenges of today’s pandemic?  Aaron and Michael discuss the rights of individuals in institutional facilities and answer some of the most important questions families need to know.   Michael Kaplen is a senior partner in the New Yo

Fake News, the calling card of a presidency?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by University of Pennsylvania History Professor Sophia Rosenfeld to talk about the tenuousness of the truth in democracy.   In Professor Rosenfeld’s new book, “Democracy and Truth,” she tells readers about the peculiar and fragile relationship between democracy and the truth. While it certainly feels like we live in a very unique time, and, in many senses, we do, Trump’s attacks on the media and his inability to remain truthful may not be that different after all. Just as she does in her book, Professor Rosenfeld walks us through the erosion of trust and truth, which has led to our current political climate and the rise of “Fake News”. Aaron and Professor Rosenfeld go on to discuss the potential solutions to the issues at hand.   This is an extremely timely conversation as President Donald Trump’s former personal attorney, Michael Cohen, takes cent

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Philip M. Napoli, of Duke University’s Sanford School of Public Policy, to discuss new age media, social media regulation and content filtering, the history of social media, and the First Amendment.   In today’s conversation, Aaron and Phil talk about the relationship between the media and democracy, the “Trump years” and our former President’s unprecedented use of social media platforms, disinformation and misinformation, journalism, the marketplace of ideas, and much more. Should there be regulations on social media? Why? How? And moreover, who? Phil and Aaron delve into the history of social media, the notion of “big internet,” curation algorithms, Section 230, libel and slander, as well as “cancel culture,” audiences, and individual liberties.   Dr. Napoli is the James R. Shepley Distinguished Professor of Public Policy at Duke’s Sanford School of Public Policy; a Senior Associat

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Henry T. (Hank) Greely, of Stanford Law School, to discuss gene editing, the bioethics involved in gene manipulation, the legal considerations of developing new biotechnologies, CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats), the line between good and bad, and quite literally, the future of humanity.     What does the birth of babies whose embryos have gone through genome editing mean—for science and for all of us? Professor Hank Greely explores this question and more in his new book, CRISPR People: The Science and Ethics of Editing Humans. Hank’s new book comes out February 16th and today he and Aaron discuss CRISPR capabilities, the potential “butterfly affect” editing genes may have, and what the ethical concerns are surrounding gene manipulation. In his upcoming book, Professor Greely tells the fascinating story of He Jiankui’s 2018 human experiment and its cons

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Ilya Somin, of the George Mason University Antonin Scalia Law School, to discuss immigration and the expansive changes proposed by the new Biden Administration. What is included in Biden’s new agenda? How will it affect immigration? What are the major initiatives? What about DACA?   As we post today’s episode, President Joe Biden has only been in the White House for a little more than a week and has already announced an expansive, pro-immigration agenda aimed at not only dismantling the previous administration’s harsh restrictions but also, as Professor Somin explains, to significantly move the political conversation forward. Today Aaron and Ilya are talking about what Biden’s plans seem to be, what they mean for the future, and delve into what some of the key provisions are, touching on governance, executive orders and actions, open borders, and more. What are the pathways to citizens